International PEN (London)

Cameroon: Songwriter Sentenced to Three Years in Prison

9 October 2008


The WiPC protests the three-year prison sentence and exorbitant fine imposed on the well known singer-songwriter Lapiro de Mbanga (real name Pierre Roger Lambo Sandjo) on 24 September 2008 for allegedly taking part in anti-government riots. Mbanga is known as an outspoken critic of the government, both as a songwriter and an opposition party member. The WiPC fears that the sentence is connected to his critical lyrics and, as such, is in violation of his right to freedom of expression. It calls on the Cameroonian authorities to release Mbanga immediately and unconditionally.

On 24 September, almost six months after his arrest and detention, Mbanga (51) was found guilty of taking part in riots against the high cost of living in Cameroon in February and sentenced to three years in prison. The songwriter was convicted of three of the six charges against him: "complicity in looting, destruction of property, arson, obstructing streets, degrading the public or classified property, and forming illegal gatherings". He was also ordered to pay a fine of 280 million CFA francs (approx. US$640,000) to the Société des Plantations de Mbanga (SPM) company and the Ministry of Finance as compensation for damage caused during the riots. The charges against Mbanga are widely held to have been made in retaliation for his criticism of the government. The verdict was met with stunned silence, according to one press report.

Claims that the case is politically motivated have been denied by the government. Mbanga has been detained since his arrest on 9 April on the basis of his alleged role in the February mass demonstrations and strikes. However, some reports have indicated that his presence during the protests was merely a pretext, and his arrest was in fact linked to a song he wrote entitled "Constipated Constitution" which warns President Biya of the dangers of controversial constitutional amendments (see below). Mbanga's wife has denied that he took part in the riots and maintained that he had actually calmed people down and prevented them from burning down Mbanga town hall. Some evidence to this effect was reportedly presented in court during the trial.

Mbanga was reportedly convicted on the grounds that, as a local traditional leader, his presence during the protests had galvanised the rioters. It was further argued that he would not have been allowed to film the events, as he did, had he been an outsider. This therefore made him an accomplice. However, according to local press reports, the riots were widely televised and none of the journalists who filmed the footage have been brought to trial. Moreover, Mbanga's sentence, almost six months after the events in question, is twice that received by the actual authors of the riots, who were handed 18-month prison terms the month after the riots and subsequently received a presidential pardon.

Following his conviction, Mbanga was taken, in chains, to Nkongsamba principal prison to serve his term. His health has reportedly deteriorated as a result of the six months he has already spent there. It is said that he has been denied medical attention and the food and sanitary conditions in prison are poor.

Mbanga's defence is appealing the verdict.

BACKGROUND:

Mbanga has often sung about government corruption and is also known as a member of the Social Democratic Front (SDF) opposition party.

The Cameroonian Constitutional Amendment Bill, which was adopted on 10 April, allows an unlimited number of presidential mandates (President Biya is 75 and has been in office for 26 years), as well as granting the president immunity for any acts committed while in office.

An extract from Mbanga's song "Constipated Constitution: le Chef de l'Etat est pris au piège des réseaux qui l'obligent à rester au pouvoir alors qu'il est fatigué?Libérez le Big katika" ("The head of State is caught in the trap of networks that oblige him to stay in power even though he is tired? Free Big katika [President Biya's nickname]"). The song is banned on some television and radio channels.

Earlier this year, another Cameroonian singer-songwriter who wrote a song criticising the constitutional amendments, Joe La Conscience, was sentenced to six months' imprisonment for organising an allegedly illegal demonstration, but was released in June following a presidential pardon. More than 100 people arrested during the riots have reportedly now been pardoned.

Freemuse report: http://www.freemuse.org/sw29911.asp

BBC report http://news.bbc.co.uk/2/hi/africa/7635405.stm

RECOMMENDED ACTION:

Send appeals to authorities:

- protesting the three-year prison sentence and US$640,000 fine imposed on Mbanga for allegedly taking part in anti-government riots

- expressing the belief that Mbanga's detention since April and subsequent conviction stem from his lyrics critical of the government, particularly a song he wrote criticising controversial constitutional amendments, in violation of his right to freedom of expression as guaranteed by the African Charter on Human and Peoples' Rights and the United Nations International Covenant on Civil and Political Rights, to which Cameroon is party

- calling on them to immediately and unconditionally release Mbanga

- expressing concern that Mbanga's health has deteriorated due to poor prison conditions and requesting that he be treated humanely while in detention, including being provided with adequate medical care

APPEALS TO:

President Paul Biya

Fax: +237 22 22 08 70

E-mail: cellcom@prc.cm

Messages may also be sent via the Presidency's website: http://www.prc.cm/index_fr.php?link=messenger/write_pr

Mr. Amadou Ali

Deputy Prime Minister and Minister of Justice

Fax: +237 22 23 00 05

And/or via Cameroonian diplomatic representatives in your country.

Please copy appeals to the source if possible.

Please check with WiPC if sending appeals after 6 October 2008.

Updates the Mbanga case: http://www.ifex.org/en/content/view/full/95970

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AllAfrica - All the Time
Author: Awande
Fri Oct 10 16:22:14 2008

The three years sentence of Lapiro in prison is nothing to me but a kind of a preparative system that difference between Dr and none Dr in politice as they seek high post in government. Who knows Lapiro's tomorow if not Nelson Mandela that once stayed in a white man jailed for twenty seven years to later become a prsident? Robert Mugabe had once been also in jailed for 11 years before becoming a president. So,Ndinga man no co die for Yuma as he is in my daily prayers.Long live Lapiro and music.



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